Last updated on: [2018-05-24]
The Application is owned and managed by PEAT GmbH, a German company, incorporated and existing under the laws of Germany and having its registered office at Kastanienallee 4, 10435 Berlin (hereinafter referred to as the “Company”).
Eligibility to Use
Use of the Application is available only to persons who can form legally binding contracts as per applicable law.
You represent and warrant to the Company that You will use the Application in a manner consistent with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Application to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
Your use of the Application
The Company is a German company which develops software for image recognition and plant protection. The Company has developed Plantix. Plantix is a mobile decision support tool for farmers and gardeners, based on image recognition and artificial intelligence. The App offers an image-based remote analysis of smartphone images of plant damages. Photos uploaded by the users. The Plantix app is a tool for analyzing and determining the distribution of plant diseases and pests. The identification and analysis is carried via the transfer of photos and location information initiated by the user. Submitted photos are examined for plant diseases and pests and later analyzed statistically. The results of the analysis are later anonymized, used to produce informational graphics including maps and published. Furthermore, the Plantix app also contains a library which lists various plant damages/diseases and provides information, for example, about possible ways to fight the disease or the pest. In addition, Plantix offers weather data on temperature, precipitation and wind for today and the next days.
Furthermore, Plantix contains a peer-to-peer community in which users exchange on their problems related to the whole agricultural value chain. Community users create a Plantix profile in order to participate and then can post their pictures and/or questions and receive answers from other users. The Plantix Crop Calendar offers best practice advice and management support based on the user’s choice of crops and planting time. The Application contains description of the Company, products and services offered by the Company that include:
Information about the Company and Company’s leadership; Description of the products and services offered by the Company, specifications of the product, Option to create, log-in and maintain user accounts;
Option to express interest in the Company’s product, make enquiries related to the products, pre-book the product, and request trials;
Option to Contact the Company to make enquiries;
Company’s blog created, maintained and updated by the Company to post any updates, news, features of Company’s product and services;
Options for the User to provide any comments and feedbacks to the services offered by the Company or products of the Company;
Cost Of Using The Application
Company does not charge any fee for browsing, accessing the blog or using other relevant features on the Application.
In accordance with these terms and conditions, the Company reserves the right to edit the Application, withdraw it from the market, or to begin invoicing for the Application services at any time, without notice and for any reason.
Your User Account
You have an option to register and create a user account on the Application (“Account”). You may use the account to avail services offered by the Company, including but not limited to expressing pre-order interest, requesting a trial and pre-booking of Company’s products, signing up for the Company’s blog and communicate with the Company.
The Account is accessible by the unique username and password provided to the User by the Company when You chose to Sign Up on the Application thereby creating an Account. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under Your Account and Your Account password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
You shall ensure that the Account Information provided by You in the Application's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof).
Privacy and Data Protection
User Generated Content
Rights of use
The Company grants You limited rights to access and make personal use of the Application, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of Application or its contents; any collection and use of any content, descriptions, or any other information; any derivative use of this Application or its contents; any downloading or copying of Account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.
The Application or any portion of the Application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.
You understand that You, and not the Company, are responsible for all electronic communications and content (including User Content) sent from Your computer to Us and you must use the Application for lawful purposes only. You must not use the Application and/or upload User Content which may be used for the following:
in any way that causes, or is likely to cause, the Application or access to it to be interrupted, damaged or impaired in any way;
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or right; or is otherwise injurious to third parties; or contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
to try to gain unauthorized access or exceeds the scope of authorized access to the Application or to profiles, blogs, communities, account information, bulletins, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Application;
to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
To use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve Our right to bar any such activity;
to probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Application, or any other customer, including any account on the Application not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application;
to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us.
Company reserves the right to terminate your Account or access to the Application if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application.
The information and materials available through the Application are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. You assume full risk and responsibility for the use of information You obtain from or through this Application, and You agree that the Company is not responsible or liable for any claim, loss, or liability arising from the use of the information.
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or the content (including product information and/or specifications) on the Application. While we have taken precautions to avoid inaccuracies in content, the Application, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
Advertisers/ Third Party Links on the Application
The Company accepts no responsibility for advertisements or any third party links contained within the Application. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link or reference from the Application exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third party website or mobile application to which the Application provides a link.
Indemnity and Release
Limitation of Liability
Notice and Take Down
If You feel that any information provided within the service is objectionable, incorrect or infringes Your rights, You may notify the Company as provided in the Paragraph titled Questions, Feedback and Grievances below.
Upon such notification, the Company will endeavor to check the objectionable information and on evaluation will respond as soon as possible to the notifications sent to the Company and where necessary, will remove or disable access to this information (notice and take down process).
Change of the Terms and Conditions
Events beyond our reasonable control
Governing law and Jurisdiction
Questions, Feedback and Grievances
Users have complete authority to share feedback regarding the content of the Application or file a complaint if they are disappointed by content of the Application. You can give Your feedback or complaint in writing or by way of an email to the grievance officer mentioned below:
Name: Pierre Munzel
Email Id: email@example.com
Address: PEAT GmbH, Kastanienallee 4, 10435 Berlin
Last updated on: [2018-05-24]
Data Controller and its Data Protection Officer
Geschäftsführerin (Managing Director): Simone Strey
The Data Protection Officer of the Controller is:
Dennis R. Jlussi
paxaru Rechtsanwaltsgesellschaft mbH
Berliner Allee 13
Scope of this Privacy Notice
This Privacy Notice applies to the processing of personal data in the context of
the websites www.peat.ai and www.plantix.net (“Website”), and
the mobile applications Plantix and Plantix-Preview (“App”),
the digital community Plantix Community (“Community”).
The Website, the App and the Community are collectively referred to as the “Services”.
When using the Website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server. If you view our Website, we collect the following data:
Date and time of the request
Content of the request (specific page URL, but not the content of the page as such)
Access status/HTTP status code
Web page where the user was referred from ("referer")
Information about operating system and browser software
Preferred language setting and screen resolution
This data will be processed by us for the following purposes:
Provision of the Website
Evaluation of system security and stability
Compile aggregated, anonymous usage statistics that serve to improve the Website
This data may only be personally identifiable via the IP address. Depending on your way of access to the Internet, the IP address may be completely anonymous, or your access providerstores the assignment of a dynamic IP address to you. In the latter case, combining the above-mentioned data with that of your access providercan eventually make a connection between you personally and the above-mentioned data. However, we will only initiate this if this is appropriate in individual cases for the purposes of legal prosecution, and we will otherwise only cooperate in this if this is ordered by competent authorities or courts in individual cases.
The legal basis for the provision of the Website is Performance of Contract. For the other purposes, the legal basis is the Legitimate Interest in keeping the Website and the underlying systems secure, and to improve the usability and performance of the Website. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
The data will be stored until the end of the calendar month following use and then be deleted or anonymized (unless required in individual cases for the purpose of legal prosecution) within two working days.
When downloading the App, the necessary information is transferred to the App store, in particular user name, e-mail address and customer ID of your account with the App store provider, time of download, and the individual device identification number. This data processing happens in the context of your use of the App store and within the legal framework you have with your App store provider. We are not controlling this data processing and have no access to this data. However, we may receive anonymous aggregated statistical data from the App store providers based on this personal data.
The main functionality of the App is to upload pictures of plants that are affected by a disease or pest in order to receive an automated analysis of what the disease or pest possibly is.
If you upload a picture of a plant, we collect in connection with such picture the following data:
User ID (internal) in case you are logged in as a Community user
Location (latitude, longitude, alteration, mobile network provider)
This data is processed for Performance of Contract in order to analyze the possible disease of pest, and (if you are logged in as a Community user) in order to connect the image to your account. We also use the data, together with other data collected:
Image source (image taken with App or uploaded from device storage)
Locale of the App and your device (ISO country code)
Network type (e.g. mobile 3G, mobile 4G, WiFi)
for the purpose of improving the analysis results and algorithms, and improving the performance, stability, security and user experience of the App, based on a Legitimate Interest in these purposes. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
For the latter purposes, we will store and process the data for the life time of the Services (without prejudice for any ‘right to be forgotten’ request from you – see below). Generally, after your Community User ID has been deleted (see below for details) or if you take the image without being logged in, the data is anonymous. However, in individual cases you may still be indirectly identifiable through the location data (e.g. if you take images on your private property); we will not undertake any efforts to identify you by this data, and will not co-operate in doing so unless we are legally obliged and ordered to do so by a competent authority or court.
The App provides Push Notifications that appear in the notification pane of your device. The notifications include information about responses to your Community contributions and important information from us. We do not use push notifications for advertising purposes. You can disable push notifications for individual Community contributions ‘unsubscribing’ from the respective contribution, or disable push notifications entirely in the App settings.
Community as a part of the App
If you use the Community as a part of the App, all information above about the App is applicable to the Community as well.
If you sign up for and use the Community, we collect and process the following personal data of you:
This data is processed by us for the purpose of providing the Community to you and other users. In particular, the base data is required to maintain your user account, and to contact you via e-mail or push notifications.
This data is processed for Performance of Contract. We will restrict the processing of this data once you delete your user account. Your data will further be stored in order to document your Community participation for the purposes of legal defense, which is a Legitimate Interest, for the duration of three full years, and afterwards be deleted.
In the course of you using the Community, we collect, compute and process the following personal fata of you:
User page views
User contributions (public messages)
User information (your user ID)
Message subject and body (and any personal data contained therein)
Picture uploaded or referenced with the message
Message tags (reference to certain topic categories, e.g. particular plant disease)
Language of the message
The data bases on interactions of users within the Community and is processed in order to make the Community work in a way that users can interact and trust each other. The follower connections base on you following other users or other users following you, respectively, within the Community. Also, we allow users to up-vote or down-vote certain Community contributions of other users in order to support the quality of contributions. Based on the interactions, we compute users ranks and reputation for your user account in order for other users to get an idea of your seniority within the Community.
This data is processed for Performance of Contract. If you choose to delete your Community account, you may request from us to anonymize the data (your contributions will be marked as being from a deleted user). Otherwise, we will continue to store this data out of our Legitimate Interest to maintain Community content that bases on interactions usable for all users (without prejudice for any ‘right to be forgotten’ request from you – see below).
Information Stored on your Device (Cookies etc.)
When you use the Website, the App or the Community, we use technologies to store information on your device. We refer to these technologies as “cookies”, while, for the purpose of this Privacy Notice, this also includes functionally similar technologies (e.g. HTML5 storage objects). Our web server supplying the Website and our servers the App (including the Community) connects to can store cookies on your computer or mobile device, respectively. The cookie data are then transmitted back if your computer or mobile device requests information from our servers, so that cookie data can be processed in order to provide the requested information.
If you use the Website, you can inspect the cookies in your internet browser. You can also adjust your browser settings to accept cookies or not. Also, we ask you whether or not you want to accept cookies on our Website (your choice is stored in a cookie).
Session cookies which are deleted automatically if you close your browser or the App;
Persistent cookies which remain on your device for a pre-defined period of time.
identify anonymous users (so you are re-identified, but the information is not connected you personally)
identify registered users in the App, including the Community
We do only use first-party cookies, i.e. cookies that are only functional towards our servers (including servers of others that process data on our behalf). We do not use any third-party cookies, including cookies that allow others to track your behavior.
Contact Form and E-Mail
When you contact us by e-mail or via a contact form, we will store and process your e-mail address and, if you provide it, your name and telephone number in order to respond to your message.
We will restrict the processing of the data arising in this context after processing is no longer necessary. Your message and our response will further be stored in order to fulfill legal obligations (German trade and tax laws, §§ 257 HGB, 147 AO) for the duration of six full years, and afterwards be deleted.
For our App, we use Google Fabric and Google Analytics for Firebase, services provided to us by Google, LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). With both services, we track the behavior of the App (in terms of performance and crash reports) as well as the usage by users. This includes ‘clickstreams’, i.e. which functions of the App you use in which order. You can find the privacy notice for Google Fabric hereand the privacy notice for Google Analytics for Firebase here.
We collect the following data in this context:
Special pseudonymous ID
Unique device identifier
App performance data
Basic information about your device (model and operating system)
IP address (truncated and anonymized instantly by Google)
We collect this data in order to fix eventual problems and further improve our App in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.
We will fully anonymize the data within a couple of minutes after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
We collect the following data in this context:
Special pseudonymous Cookie ID
Date and time of the request
Content of the request (specific page URL, but not the content of the page as such)
Information about operating system and browser software
Preferred language setting and screen resolution
We collect this data in order to fix eventual problems and further improve our Services in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.
We will fully anonymize the data within 26 months after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
Opt-Out:Within the App, you can opt-out from the collection of data through all mentioned Google services by the use of the opt-out switch in the App settings.
On the Website, you can opt-out from the use of Google Analytics by clicking this link: Deactivate Google Analytics
Data Transfers (including third-country transfers)
Ordinary course of internet connections
All Services are based on internet connections. Your data is transferred to us via the internet and vice versa. Also, the data you make public through the Services (e.g. your plant pictures, profile information, Community contributions) are transferred to other users of the service via the Internet. This happens in the course of Performance of Contract. Internet connections are potentially worldwide. Depending on your location, or the locations of other users respectively, data may be transferred to and from countries that have no adequate level of data protection.
Sign-In via Google
Sign-In via Facebook Connect
We refer to different legal bases in this Privacy Notice. Such terms refer to certain provisions of the General Data Protection Regulation (GDPR):
“Consent” refers to Art 6 para 1 sentence 1 lit a GDPR.
“Performance of Contract” refers to Art 6 para 1 sentence 1 lit b GDPR.
“Legal Obligation” refers to Art 6 para 1 sentence 1 lit c GDPR (in conjunction with the legal obligation named for each individual case).
“Legitimate Interest” refers to Art 6 para 1 sentence 1 lit f GDPR.
Withdrawal of Consent and Objection to DataProcessing
If you have given your Consent to the processing of your data and/or the receipt of marketing e-mails, you can withdraw your Consent at any time with effect for the future. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
To the extent we base the processing of your personal data on a Legitimate Interest, you may object to the processing. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer. If you wish to file such an objection, we kindly ask you to explain the reasons why your interest outweighs ours. In the event of your objection, we will check the situation and either stop or adjust our processing of your data, or point out to you our overriding interest, on the basis of which we will continue our processing.
You are entitled to request from us:
Access to your personal data (right to information) pursuant to Article 15 GDPR,
Rectification of any inaccurate personal data pursuant to Article 16 GDPR.
Erasure of your personal data (“right to be forgotten”) in particular cases in accordance with Article 17 GDPR.
Restriction of processing your personal data for the period during which a rectification or erasure request is examined, in accordance with Article 18 GDPR.
To receive your personal data in a structured, commonly used and machine-readable format for transmission to another controller (right to data portability) in accordance with Article 20 GDPR.
If you wish to exercise one or several of these rights, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
If you wish to complain about data processing, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
You also have the right to file a complaint with the competent data protection supervisory authority. This is the Berliner Beauftragte für Datenschutz und Informationsfreiheit(Berlin Commissioner for Data Protection and Freedom of Information).If you reside within theEuropean Economic Area (EEA), you may also choose to file your complaint with your local data protection supervisory authority.
Amendments to this Privacy Notice
This Privacy Notice is currently valid as of May 24th, 2018. We reserve the right to amend this Privacy Notice. You can refer to the current version of the Privacy Notice at any time at: peat.ai/privacy-notice and plantix.net/imprint#privacy-notice